Spam and scam calls are on the rise in South Carolina. What’s being done about it?
South Carolinians wondering how to reduce the number of spam calls to their cellphones may soon see some relief, thanks to an initiative by state and federal officials.
In an effort to curb more than 7 billion scam and telemarketing calls nationally — including nearly 100 million in South Carolina — S.C. Attorney General Alan Wilson joined a slew of other states in suing Avid Telecom, a voice over internet protocol service, for violating state and federal consumer protection by engaging in excessive spam calling. In the spirit of that initiative, the federal government announced in July that it, too, is cracking down on companies from inundating people with billions of unwanted and illegal robocalls and telemarketing calls.
As Wilson’s lawsuit and other federal initiatives are underway, here’s what the law saws about spam or robocalls in South Carolina and the steps you can take to help avoid them.
But first, what qualifies as a spam call?
Types of spam calls: What’s allowed?
Spam calls come in a variety of forms including from live telemarketers and, more commonly, robocalls from machine recordings.
Robocalls to cellphones that attempt to sell something to the call recipient are illegal under federal law unless the consumer has given prior consent. No consent, however, is required if the call is made to a landline phone.
To get permission, the company has to be clear in notifying the consumer that they’ll receive robocalls. Companies are prohibited from making a consumer agree to the calls in order to get a product or service, and even after a consumer has given their permission for the calls, their consent can be always be rescinded.
Under South Carolina law, robocalls are allowed to solicit consumers as long as the calls occur between the hours of 8 a.m. and 9 p.m. At the outset of the call, solicitors are required to disclose certain information, such as a telephone number and address at which the telephone solicitor may be contacted; the purpose of the telephone solicitation; and that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered.
To commonly trick people into answering the phone, many telemarketers and scammers employ a tactic called “spoofing,” where the caller manipulates caller ID to reflect a local phone number even though the caller could be located outside the country.
Spoofing is illegal in South Carolina, meaning that any solicitation call a consumer receives bearing a Palmetto State area code must in fact be a call from someone physically in the state.
Companies caught making illegal spam calls are subject to civil penalties ranging from $1,000 to $5,000 for each violation, if either a consumer, the South Carolina Department of Consumer Affairs or the South Carolina Attorney General files a lawsuit against the violator.
Consumers are encouraged to report illegal spam calling to the Department of Consumer Affairs or the Attorney General’s Office, which both have authority to investigate complaints and initiate civil actions.
Ways to curb spam calls
While the National Do Not Call Registry serves as the first line of defense in curbing spam calls, the most effective way in limiting the annoyance is by blocking the unwanted number, according to the Federal Trade Commission’s consumer protection division.
This is because the registry was designed to block calls from real companies and not the influx of scammers that target hundreds of South Carolinians each year.
To help consumers avoid scam calls, the South Carolina Department of Consumer affairs has issued the following advice:
- “Hang up the phone. Don’t press one to speak to a live operator. And don’t press any other number to get off the list. If you respond by pressing any number, it will probably just lead to more robocalls.
- No one will contact you asking for private information. Scammers often pose as government agencies to gain your trust. Lookout for calls and messages pretending to be from well-known organizations like the IRS. Fraudsters may try to get you to verify information like your bank account number, Social Security number or credit card information. Never give private information to someone who contacts you out-of-the-blue. Instead, directly contact that business/agency.
- No legitimate business/agency will ask for unusual forms of payment. Unusual forms of payment include gift card, cryptocurrency or wire transfer. Scammers like these forms of payment because they are difficult to trace and you’ll likely never see that money again. No matter why the person says they need it, this a big red flag.
- Report the call to DCA. Scam reports aid in keeping SCDCA informed on the latest schemes, helping us warn and educate South Carolina consumers. To report a scam call 844-835-5322 or visit www.consumer.sc.gov , then click Report a Scam.”
